Amit Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28686 of 2017 Arising Out of PS.Case No. -207 Year- 2017 Thana -SUPAUL District- SUPAUL ====================================================== Amit Kumar Mandal S/o - Shiv Narayan Mandal @ Shiv Narayan Resident of Village- Kariho, P.S. Supaul, District Supaul. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nafisuzzoha, Advocate For the Opposite Party/s : Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-08-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
Petitioner is languishing in custody in connection with Supaul P.S. Case No. 207 of 2017 registered for offences punishable under Sections 457 and 380/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that on 13.04.2017 at 12 O' clock, petitioner entered in his house along with three unknown persons after breaking the lock of the gate. In the meantime, nephew of the informant woke up for natural call and
Patna High Court Cr.Misc. No.28686 of 2017 (3) dt.03-08-2017 2/3 caught the petitioner red handed. However, other accused persons managed to flee away. On search, informant found that ornaments worth Rs. 60,000/-, which was kept in briefcase along with other costly articles have been stolen away by the miscreants.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated. In fact, he had a love affair with the sister of the informant, Sangeeta Kumari, which has been corroborated by the police as per the CDR of mobile of the petitioner, which finds place in paragraph 28 of the case diary. In fact, sister of the informant, Sangeeta Kumari had called him and he has been caught. However, learned counsel for the informant submits that the petitioner has committed theft in the house along with three unknown persons and has taken away ornaments and costly articles, hence, opposes the prayer for bail. Learned A.P.P. for the State also opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be
Patna High Court Cr.Misc. No.28686 of 2017 (3) dt.03-08-2017 3/3 enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Supaul P.S. Case No. 207 of 2017.
(Nilu Agrawal, J.) Arjun/- U T